Barnes v. Hathorn

The facts, which the plaintiff proved or offered to prove, on which the presiding Judge ordered a non-suit, are substantially as follows : — that the husband of the defendant, Mary Hathorn, in 1846, built a tomb on the premises now owned by her — and, within 44 feet from the west side of the plaintiff’s house, and the windows of his parlor, sitting-room and dining-room, all of which rooms were on that side of his house; that dead bodies were from time to time deposited in said tomb, until about the year 1856, when nine such bodies were in the tomb; that such an effluvia was emitted from them…